3. Announcement of prohibition of sound producing devices during the meeting.

Chairman Nolan announced that the ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at the meeting. He advised that any person responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices might be removed from the meeting. He also advised that cell phones that are set on “vibrate” cause microphone interference and requested that they be placed in the “off” position.

4. Approval of Minutes

On motion to approve the minutes of the September 15, 2009 Regular Meeting: unanimously approved (Beach, Lee, McCray-absent).

5. Communications

Board Secretary Boomer stated that Item 13 regarding the FY2010 budget was removed from the agenda at the request of staff.

Chairman Nolan clarified that the presentation on the parking meter study was for discussion only and no action would be taken.

William Pearson asked the SFMTA to consider another route for the 2 Clement. 15th Avenue is a densely populated street and a bus loop will compromise the safety of Beth Shalom students.

Adeline Mueller urged the SFMTA to reconsider 15th Avenue as the terminus. Beth Shalom has six pick up and drop off times throughout the day. There is a lot of pedestrian and vehicle traffic. There are safety issues with having a bus at a preschool entrance.

Lee Schwager stated that he’s glad to hear that Muni is considering use of electric trolleys but proposed an alternative route that would provide a direct connection. A terminal on Funston would be required. 15th Avenue is a narrow street.

Brian Doherty expressed appreciation for coming up with an “outside the box” solution that doesn’t impact the side avenues. He encouraged the SFMTA to do a better job of community outreach. An electric trolley may be the most palatable solution.

Leonart Vandoneude expressed concern about additional traffic on 15th Avenue because it is dense and people travel at high speed. Tacoma Street exits onto 15th Avenue and adding a bus will impact traffic causing safety concerns for children on that street. The planned construction at 15th Avenue and Lake Street will further impact safety.

Herbert Weiner stated that 15th Avenue residents have raised a legitimate concern. Whatever avenue you choose to route Muni will be met with opposition. He suggests placing the project on hold and coming up with a workable plan. He suggested that this bus be synchronized with the 28 line so people on California won’t have to walk far.

Marc Soloman stated that he likes electrification but there was no capital discussion about how to install electric trolley lines. Installation costs will pay for themselves in five years through reduced fuel costs.

Chairman Nolan asked the secretary to call the Consent Calendar and Item 14 due to the large number of comment cards. He stated that the once Item 14 was complete the Board would hear Item 9 and the remainder of the calendar.

9. Public Comment

Francisco Da Costa suggested that the SFMTA look at asset management and infrastructure. SFMTA constituents need a quarterly report on software. SFMTA needs to fight for ADA improvements although there is some progress being made to accommodate the elderly and disabled.

Hansu Kim, Taxi Coalition, commented that while the City is looking to raise revenue it is continuing to give away taxi medallions. In almost every major city taxi medallions are sold. We have a privatized system that has decided to give away this asset with no public benefit. The SFMTA needs to re-evaluate how medallions are issued. They should be given to individual taxi drivers, not to companies or corporations.

Barry Korengold, SF Cab Drivers Association, stated that there are 30 taxi medallions that are not being given out because there is a shortage of staff in the taxi division. Drivers are losing thousands of dollars. Staff will be even more bogged down when permits are renewed.

Mary McGuire stated that there is a conflict with the paratransit debit card pilot program and the Dept. of Weights and Measures (DWM). The DWM forced a change in the software which means meters now freeze up. This causes cabs to be held out of service and the drivers are the victims.

Barry Taranto stated that there is a public benefit to having experienced drivers. He expressed concern about taxi division oversight. The taxi division is being treated like a step child in foster care. Hearing officers are slow. It is not right that medallions are delayed. Medallion approvals should come before the Board.

Tariq Mehmoud stated that many people didn’t put their name on the taxi medallion list. People who aren’t driving have a medallion. The list is not in good shape. Medallions shouldn’t be given for free to anybody. There should be no shortcuts in the process. He suggested that a proposition be placed on the ballot to sell them.

Tom Radulovich, Livable City, stated that budgets are difficult for every transit agency and revenues are coming in slower than anticipated. The SFMTA usually waits too long and then the only options are service cuts and fare hikes. He urged the SFMTA to begin discussions so that something can be placed on the ballot.

Tekle McKabe stated that Ms. Hayashi is working to organize taxi drivers. Please continue this work because we are ready for Prop. K reform.

Mark Gruberg stated that cabs are being kept off the street and shifts have been cancelled due to the problem with the Dept. of Weights and Measures. This equipment was approved and it can handle debit and credit cards. The dispute with DWM puts cab drivers in the middle. This needs to be worked out to ensure that cab drivers are not hurt.

THE FOLLOWING MATTERS BEFORE THE SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY BOARD OF DIRECTORS ARE RECOMMENDED FOR ACTION AS STATED BY THE SFMTA EXECUTIVE DIRECTOR/CEO OR CITY ATTORNEY WHERE APPLICABLE. EXPLANATORY DOCUMENTS FOR ALL CALENDAR ITEMS ARE AVAILABLE FOR REVIEW AT 1 SOUTH VAN NESS AVE. 7th FLOOR.

CONSENT CALENDAR

10. All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the San Francisco Municipal Transportation Agency Board of Directors and will be acted upon by a single vote. There will be no separate discussion of these items unless a member of the Board of Directors or the public so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item.

(10.1) Requesting the Controller to allot funds and to draw warrants against such funds available or will be available in payment of the following claims against the SFMTA:

Diane Welch expressed appreciation for Item 10.2 J and stated that it will make a tremendous difference with safety.

ADOPTED: AYES – Black, Heinicke, Lee, Nolan and Oka

ABSENT – Beach and McCray

RESOLUTION 09-176

(10.3) Authorizing the Executive Director/CEO to execute Contract CS-155-1, Architectural and Engineering services for the Final Design and Construction of the Central Subway Project – Utilities Relocation and Tunnel Design for an amount not to exceed $6,500,000 for a term not to exceed five years with an option to extend the term. (Explanatory documents include a staff report, resolution, financial plan and contract.) (Carter Rohan)

RESOLUTION 09-177

(10.4) Authorizing the Executive Director/CEO to execute Contract No. SFMTA 2008-09/43, Cable Car Kiosk Fabrication, with RJS & Associates to construct two cable car kiosks for an amount not to exceed $829,013.86, and for a term not to exceed one year. (Explanatory documents include a staff report, resolution and contract.) (Sonali Bose)

RESOLUTION 09-178

(10.5) Authorizing the Executive Director/CEO to execute Contract No. SFMTA 2008/09-18, Closed Circuit TV System Technical Installation Project, with Alta Consulting Services, to provide technical assistance and develop a master plan for a closed circuit television camera system in the subway, and provide project oversight; in an amount not to exceed $230,030, and for a term of three years, with two one-year options to extend the term. (Explanatory documents include a staff report, resolution and contract.) (James Dougherty)

RESOLUTION 09-179

(10.6) Authorizing the Executive Director/CEO to execute the fifth amendment to the Red Light Photo Enforcement Agreement with ACS State and Local Solutions to extend the term of the agreement to December 30, 2010, at no additional cost. (Explanatory documents include a staff report, resolution and amendment.) (Bond Yee)

Item 10.6 was removed from the agenda at the request of the public.

PUBLIC COMMENT:

Paul Yieh stated that better solutions and technology are needed rather than extending the current contract.

Ruslan Filipau expressed concern about the number of drivers who run red lights and the impact on safety. Some of the cameras don’t use digital film. It doesn’t make sense to extend this contract. More than one successful ticket per day needs to be issued. This is a great program but it can’t run on outdated technology.

Mark Gruberg expressed support for the changes. The regulations are an ongoing project. Section 1104 (c) (3), which sets forth applicant requirements, seems to be inconsistent.

Barry Taranto stated that the changes are well written and suggested clarifying the section Mr. Gruberg mentioned. The change to section 1106 (O) (5) (death of medallion holder) shouldn’t include a tax on a long-term lease fee. Taxi drivers shouldn’t go to a hearing officer but should appear before the SFMTA Board. The review process should be expedited.

Hansu Kim, Taxi Coalition, expressed support. We have to continue to adopt new rules as the taxi industry evolves. We need to leverage technology.

Tariq Mehmood stated that drivers are being given a half-million dollar benefit after being on a wait list. There are a lot of fake waybills. The driving requirement should be ten years rather than five. Every person on the wait list should present their waybills every year. They should pay a fee to fund an inspector to review their waybills.

Mary McGuire stated that hearing officers are slow to review cases. There should be a pre-approval process similar to a home loan. If there’s no apparent problem, then there isn’t a need to go through waybills with a fine tooth comb. It’s not right to have 30 medallions out of service. Medallions must be turned in within 20 days if the holder passes away.

RESOLUTION 09-183

On motion to approve

ADOPTED: AYES – Black, Heinicke, Lee, Nolan and Oka

ABSENT – Beach and McCray

12. Presentation and discussion of the year-end report on the SFMTA’s Operating Budget for FY2009. (Explanatory documents include a slide presentation.) (Sonali Bose)

Sonali Bose, chief financial officer, presented the report.

PUBLIC COMMENT:

Manish Champsee, WalkSF, stated that we’re coming up on the 10th anniversary of the passage of Prop. E. He questioned materials and supplies and equipment and maintenance figures. He hopes the SFMTA will consider revenue sources and make the difficult decisions.

Rafael Cabrera, TWU Local 250-A, stated that the State needs to fund the SFMTA.

Tariq Mehmoud stated that there is a source of ignored income because hundreds of meters are always expired. Taxis should be allowed to have shared rides.

13. Presentation and discussion of the SFMTA’s Operating Budget for FY2010. (Explanatory documents include a slide presentation.) (Sonali Bose)

17. Discussion and vote pursuant to Administrative Code Section 67.10(d) as to whether to conduct a closed session and invoke the attorney‑client privilege.

On motion to invoke the attorney-client privilege: unanimously approved (Beach-absent).

RECESS REGULAR MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

Chairman Nolan called the closed session to order at 6:13 p.m.

2. Roll Call

Present:

Cameron Beach – absent with notification

Shirley Breyer Black

Malcolm Heinicke

Jerry Lee

James McCray, Jr.

Tom Nolan

Bruce Oka

Also present:

Nathaniel Ford, executive director/CEO

Roberta Boomer, board secretary

Julia Friedlander, deputy city attorney

Debra A. Johnson, chief of staff/director, Administration

David Hill, interim Director, Transit Division

Sonali Bose, chief financial officer

Jim Dougherty, chief safety officer

3. Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (a) (3), the Municipal Transportation Agency Board of Directors will meet in Closed Session to discuss and take action on attorney‑client matters in the following case:

4. Pursuant to Government Code Sections 54956.9, and Administrative Code Section 67.8 (a) (3) the Municipal Transportation Agency Board of Directors will meet in closed session to discuss attorney‑client matters in the following case:

CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

_ As defendant or __X__ As plaintiff

ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION - The closed session was adjourned at 6:18 p.m.

18. Announcement of Closed Session.

Chairman Nolan announced that the SFMTA Board of Directors met in closed session to discuss Lin vs. CCSF with the City Attorney. The Board of Directors voted unanimously to settle the case. The Board also met to discuss anticipated litigation but took no action.

19. Motion to disclose or not disclose the information discussed in closed session (Beach-absent).

On motion to not disclose the information discussed: unanimously approved (Beach-absent).

ADJOURN - The meeting was adjourned at 6:19 p.m.

A tape of the meeting is on file in the office of the Secretary to the San Francisco Municipal Transportation Agency Board of Directors.

Roberta Boomer
Board Secretary

The Ethics Commission of the City and County of San Francisco has asked us to remind individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [S.F. Campaign and Governmental Conduct Code section 2.100 et seq.] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 415-581-2300; fax: 415-581-2317; 25 Van Ness Ave., Suite 220, SF, CA 94102-6027 or the web site: sfgov.org/ethics.